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(영문) 서울중앙지방법원 2013.04.19 2013고단239
특정범죄가중처벌등에관한법률위반(위험운전치사상)등
Text

A defendant shall be punished by imprisonment for not more than ten months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[criminal power] On December 12, 2008, the Defendant received a summary order of KRW 1.5 million as a crime of violating the Road Traffic Act (driving) at the Sungnam Branch of Suwon District Court on December 12, 2008, and on September 14, 2012, the Seoul Eastern District Court received a summary order of KRW 3 million as a crime of violating the Road Traffic Act (driving).

【Criminal Facts】

1. The primary drunk driving and traffic accident Defendant is a person engaged in driving a D-A-hurged vehicle.

On August 27, 2012, the Defendant driven the said car under the influence of alcohol of 0.160% in blood alcohol concentration on August 15, 2012, and led to the driving distance of 769 Gu Seoririririri-gu Seoul, Gangnam-gu, Seoul to the jurisdiction of the Gangnam Police Station from the Gyeongri-gu, Seoul.

In such cases, a person engaged in driving of a motor vehicle shall not drive a motor vehicle in a state where normal driving is difficult due to influence of drinking, and there was a duty of care to prevent accidents in advance by safely driving a motor vehicle, such as reporting the surrounding traffic situation well, accurately manipulating steering equipment, etc.

Nevertheless, the defendant neglected this and neglected his duty at all times while under the influence of alcohol and neglected to do so, and thereby received the right side part of the victim E(the age of 41) driving on the right side from the left side of the vehicle driving in the direction of the car driving of the defendant to the right side.

As above, the Defendant suffered injury, such as salt, tension, etc., in need of three-day medical treatment by negligence in the course of driving a car in a situation where normal driving is difficult due to influence of drinking.

2. The Defendant was under the influence of alcohol at around 19:20 on August 27, 2012, and around 0.074% of alcohol content, the Defendant driven the said vehicle at approximately 600 meters at the front of the Suwon-dong 14 Supo Police Station, Gangnam-gu, Seoul to the front direction of the H management of G customer president.

Summary of Evidence

1. The second statement of the defendant in court; and

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